Members of the San Francisco 49ers kneel during the anthem prior to the game against the Philadelphia Eagles at Lincoln Financial Field on October 29, 2017 in Philadelphia, Pennsylvania. (Photo by Michael Zagaris/San Francisco 49ers/Getty Images) *** Local Caption ***

NFLPA Files Grievance Challenging Updated National Anthem Policy

The Player’s Association wasn’t consulted at all on the NFL’s controversial new policy.

8 months ago

On Tuesday, the NFL Players Association announced it filed a grievance over the league’s new national anthem policy.

Since the NFLPA was not consulted by the owners before the anthem policy being changed, the Player’s Association argues the policy can be enforced under the league’s personal conduct policy, which doesn’t need to be negotiated with the union.

Since that policy allows the commissioner to issues penalties for “conduct detrimental to the integrity of and public confidence in the National Football League,” players peacefully demonstrating during the anthem would have to fall into that category in order for the policy to be enforced – or at least that is what the NFLPA will be arguing.

“Our union filed its non-injury grievance today on behalf of all players challenging the NFL’s recently imposed anthem policy,” according to the NFLPA. “The union’s claim is that this new policy, imposed by the NFL’s governing body without consultation with the NFLPA, is inconsistent with the collective bargaining agreement and infringes on player rights.”

Before the filing, the NFLPA reached out to the league and asked to “begin confidential discussions” to “find a solution to this issue instead of immediately proceeding with litigation.” Surprisingly, the NFL agreed.

If the issue can’t be resolved, the union could challenge the policy via cities or states, where statues could prohibit an employer from instituting a rule such as an anthem policy.